Authorizes the possession of a handgun being sold by a dealer in firearms upon the premises of such dealer.
TITLE OF BILL: An act to amend the penal law, in relation to possession of pistols and revolvers being offered for sale upon the premises of a dealer in firearms
PURPOSE: Authorizes the holding of an unloaded pistol or revolver being offered for sale upon the premises of a dealer in firearms by persons without a NYS Pistol license.
SUMMARY OF PROVISIONS:
Section 1: Amends Section 265.20 of the penal law by adding a new subdivision f authorizing persons 21 years of age or older, or eighteen years of age or older having been honorable discharged from the US military, to possess an unloaded pistol or revolver being offered for sale upon the premises of a dealer in firearms.
Section 2: Effective Date
EXISTING LAW: Under current law it is a felony for someone to hold a handgun without a valid NYS Pistol license.
JUSTIFICATION: This legislation would allow a prospective gun buyer, in a licensed firearm dealership, to handle an unloaded firearm without a pistol permit.
Under current law, a first time gun buyer cannot hold or even touch the gun they plan on purchasing, even though they are required to choose a gun before they get their pistol permit. Current law, then, essentially forces individuals to buy and get permitted for a firearm they've never even touched or held. The law is therefore unworkable since it ignores the fact that individuals have different size hands, firearm preferences, and that guns come in many different sizes, weights, and shapes.
This legislation would correct this problem by allowing individuals in licensed firearm dealerships to handle an unloaded firearm without a pistol permit. In recognition of New York's stringent gun control laws, this legislation would require that the gun be unloaded and that a prospective gun buyer be 21 years of age or older (or eighteen years of age or older with an honorable discharge from the U.S, Military) and hand the seller a proper form of identification.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
LOCAL FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 6536 IN SENATE February 4, 2014 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to possession of pistols and revolvers being offered for sale upon the premises of a dealer in firearms THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.20 of the penal law is amended by adding a new subdivision f to read as follows: F. 1. EXCEPT IN CITIES NOT WHOLLY CONTAINED WITHIN A SINGLE COUNTY OF THE STATE SUBDIVISION ONE OF SECTION 265.01 AND SUBDIVISION ONE OF SECTION 265.01-B OF THIS ARTICLE SHALL NOT APPLY TO THE POSSESSION OF AN UNLOADED PISTOL OR REVOLVER UPON THE PREMISES OF A DEALER IN FIREARMS WHO IS LAWFULLY ENGAGED IN THE SALE OR OFFERING FOR SALE OF SUCH PISTOL OR REVOLVER BY A PERSON WHO IS: (A) TWENTY-ONE YEARS OF AGE OR OLDER, AND NOT OTHERWISE PROHIBITED FROM POSSESSING A FIREARM; OR (B) EIGHTEEN YEARS OF AGE OR OLDER HAVING BEEN HONORABLY DISCHARGED FROM THE UNITED STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD, OR FROM ACTIVE SERVICE IN A FORCE OF THE ORGANIZED MILITIA OF THE STATE, AS DEFINED IN SECTION ONE OF THE MILITARY LAW, AS EVINCED BY A DD-214 OR OTHER SIMILAR PROOF OF MILITARY SERVICE. 2. POSSESSION OF AN UNLOADED PISTOL OR REVOLVER SHALL ONLY BE GRANTED BY A DEALER IN FIREARMS, OR HIS OR HER AGENT, UPON PRESENTATION OF SUIT- ABLE PHOTOGRAPH IDENTIFICATION AND PROOF OF AGE. THE DEALER OR HIS OR HER AGENT SHALL MAINTAIN CUSTODY OF SUCH IDENTIFICATION AND PROOF OF AGE WHILE THE PERSON, WHO IS NOT AUTHORIZED TO POSSESS A PISTOL OR REVOLVER PURSUANT TO SUBDIVISION A OF THIS SECTION, HAS POSSESSION OF THE UNLOADED PISTOL OR REVOLVER UPON THE DEALER'S PREMISES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11748-03-3